Consolidation; Merger. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof.
Appears in 6 contracts
Samples: Standby Equity Distribution Agreement (Bos Better Online Solutions LTD), Standby Equity Distribution Agreement (Bos Better Online Solutions LTD), Standby Equity Distribution Agreement (Bos Better Online Solutions LTD)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof).
Appears in 6 contracts
Samples: Standby Equity Distribution Agreement (American Power Corp.), Standby Equity Distribution Agreement (American Power Corp.), Standby Equity Distribution Agreement (Lotus Pharmaceuticals, Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with its terms, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before unless the transaction contemplated in resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such Advance Notice has been closed in accordance with Section 2.02 hereofshares of stock and/or securities as the Investor is entitled to receive pursuant to this Agreement.
Appears in 3 contracts
Samples: Standby Equity Distribution Agreement (Entremed Inc), Standby Equity Distribution Agreement (Alon USA Energy, Inc.), Standby Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.03 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before unless the transaction contemplated in resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of stock and/or securities as the Investor is entitled to receive pursuant to such Advance Notice has been closed in accordance with Section 2.02 hereofNotice.
Appears in 3 contracts
Samples: Standby Equity Distribution Agreement (Supertel Hospitality Inc), Standby Equity Distribution Agreement (Jag Media Holdings Inc), Standby Equity Distribution Agreement (Rxi Pharmaceuticals Corp)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.01(e) hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof).
Appears in 3 contracts
Samples: Standby Equity Purchase Agreement (Tower Semiconductor LTD), Standby Equity Purchase Agreement (Tower Semiconductor LTD), Standby Equity Purchase Agreement (Tower Semiconductor LTD)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof.
Appears in 3 contracts
Samples: Standby Equity Distribution Agreement (China Recycling Energy Corp), Standby Equity Distribution Agreement (China Recycling Energy Corp), Standby Equity Distribution Agreement (GlassesOff Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.01(f) hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof).
Appears in 1 contract
Samples: Standby Equity Purchase Agreement (Orckit Communications LTD)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof).
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Achillion Pharmaceuticals Inc)
Consolidation; Merger. If Pending the close of an Advance Notice has been delivered to the Investor, then the Company shall not not, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “"Consolidation Event”") before unless the transaction contemplated in Company or the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of stock and/or securities as the Investor is entitled to receive pursuant to the Pending Advance Notice has been closed in accordance with Section 2.02 hereofNotice.
Appears in 1 contract
Samples: Equity Line of Credit Agreement (Nuwave Technologies Inc)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before prior to the transaction contemplated in settlement of such Advance Notice has been closed in accordance with Section 2.02 hereofAdvance.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Freeseas Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof).
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Maxim Tep, Inc)
Consolidation; Merger. If an Advance Notice has been delivered to the Investor, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Investview, Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to to, another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereofentity.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Omagine, Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before unless the transaction contemplated in resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such Advance Notice has been closed in accordance with Section 2.02 hereofshares of stock and/or securities as the Investor is entitled to receive pursuant to this Agreement.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.2 hereof, then the Company shall not effect affect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof).
Appears in 1 contract
Consolidation; Merger. If Pending the close of an Advance Notice has been delivered to the InvestorNotice, then the Company shall not not, at any time after the date hereof, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “"Consolidation Event”") before unless the transaction contemplated in Company or the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of stock and/or securities as the Investor is entitled to receive pursuant to the pending Advance Notice has been closed in accordance with Section 2.02 hereofNotice.
Appears in 1 contract
Samples: Equity Line of Credit Agreement (Nuwave Technologies Inc)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance withSection 2.02 Section 2.02 hereof, then the Company shall not effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to to, another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereofentity.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Omagine, Inc.)
Consolidation; Merger. If an Advance Notice has been delivered to the InvestorInvestor and the transaction contemplated in such Advance Notice has not yet been closed in accordance with Section 2.02 hereof, then the Company shall not effect affect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a “Consolidation Event”) before the transaction contemplated in such Advance Notice has been closed in accordance with Section 2.02 hereof).
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Banctrust Financial Group Inc)
